Cervantes, 36, is charged with sexual misconduct with a minor and contributing to the delinquency of a minor.

She was initially set to take a plea deal and learn her sentence Monday, but a problem with the agreement changed that.

"It was rejected by the judge as well as the state withdrawing from the plea because we didn't have victim notification signature. In this case, it's going to be the parent, which is the guardian of the alleged victim who is 14-years-old," said Clark County Deputy Prosecutor Jake Elder.

The alleged crime happened nearly a year ago at Cervantes' Sellersburg home.

Police said she was partying with a group of teens, including her daughter and her daughter's 14-year-old ex-boyfriend.

They said Cervantes was drinking, gave the teen boy alcohol and had sex with him, and it was her husband who walked in on the act.

"We tried to send out the plea agreement to get the victim's input or in this case the victim's parents, but it came back to our office return to sender. So we are working on trying to get in touch with the victim's parents because they have moved," said Elder.

Elder said he doesn't expect this to be a problem, and that the decision to pull the plea was the right one.

"The nature of the crime in and of itself, we definitely want to get in touch with the victim's parents to make sure they're on board," said Elder.

In court, Cervantes got emotional while waiting for her case to be called.

Upon leaving, she had no comment and even covered her head. Her attorney also would not talk.

With no deal, the judge set a trial date for next month, but Elder said both sides will still work to negotiate an acceptable agreement, one that may be the same as the first offer but could also change.

It all depends on the victim's parents.

"We just need to make sure they're going to be comfortable with the outcome," said Elder

Cervantes will be in court next on Nov. 19. It's possible a deal could be presented then. If not, her trial moves forward to Nov. 27.

She's charged with a Class B felony that carries a maximum sentence of 20 years in jail and an advisory sentence of 10 years.

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